HomeMy WebLinkAbout10-25-1989 Minutes
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October 20, 1989
To:
Mayor and Common Council of the
City of San Bernardino
Re:
Special Meeting
NOTICE IS HEREBY GIVEN that the Mayor of the City of San
Bernardino has called a Special Meeting of the Mayor and Common
Council/Community Development Commission for 9: 00 a.m. ,
Wednesday, October 25, 1989, in the Redevelopment Agency Board
Room, Fourth Floor, City Hall, 300 North "0" Street, San
Bernardino, California.
The purpose for which this meeting has been called is
listed on the agenda.
SHAUNA CLARK
City Clerk
City of San Bernardino, California
October 25, 1989
The Special Meeting of the Mayor and Common
Council/Community Development Commission of the City of San
Bernardino was called to order by Mayor Holcomb at 9:10 a.m.,
Wednesday, October 25, 1989, in the Redevelopment Agency Board
Room, Fourth Floor, City Hall, 300 North "D" Street, San
Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller, City Attorney Penman, City Clerk
Clark, City Administrator Julian.
PUBLIC COMMENTS - SUSAN SMITH HARTMANN
Susan Hartmann expressed concern regarding the homeless
situation. She stated that the Salvation Army has opened its
doors for the homeless because of the rain. (1)
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FINANCING FOR ORANGEWOOD ESTATES DEVELOPMENT
In a memorandum dated October 24, 1989, Ken Henderson,
Community Development Director, stated that the Council selected
Dukes-Dukes and Associates to complete Phase II of the Orangewood
Estates project. This project involves the buildout of the
remaining seventy-six homes of a two-hundred lot subdivision on
the west side of San Bernardino. (9)
The memorandum stated that at the October 2, 1989, Council
meeting, there was great discussion surrounding project
financing and the offers submitted by each of the competing
developers. In order to complete the project as quickly as
possible at no further cost to the City, the Community
Development Commission could consider lending Dukes-Dukes and
Associates 1.6 million dollars from the Agency's twenty percent
set-aside housing fund. These funds would be used to payoff the
bonded indebtedness and reimburse the City's general fund.
Dukes-Dukes and Associates would repay the Agency out of
construction or take-out loan proceeds, whichever scenario was
most advantageous to the City.
Mayor Holcomb stated that the assessment bonds for the lots
would be paid off with the money in the 20% set-aside. He stated
that rather than keeping the assessments, he has proposed to pay
the assessments immediately using the 20% set-aside.
The 20% set-aside would be loaned to Dukes-Dukes to payoff
the assessments.
A discussion ensued regarding the City paying the bonds for
Dukes-Dukes and Associates.
Mayor Holcomb stated that Dukes-Dukes will be required to
pay the same dollar amount as any of the other developers would
have had to pay.
Dukes-Dukes will repay the loan when the construction is
funded or the houses are sold.
Ken Henderson, Director of Community Development, answered
questions regarding the amount of money available in the 20% set-
aside fund. He also gave the background where the funds came
from.
Mayor Holcomb pointed out that in essence this is the same
deal as the other competing offers from the other developers, the
only difference is the money will be up fronted to Dukes-Dukes
from the 20% set-aside housing fund, and Dukes-Dukes will pay the
money back to the Agency.
A discussion ensued regarding the money for the 20% set-
aside housing fund.
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Ken Henderson explained that essentially the City would be
repaid the $325,000 and the $80,000 in January if in fact the
deal is completed. He stated that Dukes-Dukes would have to pay
the total of the two amounts which is approximately $1.6
million. He stated that essentially this is the same offer with
Dukes-Dukes except the mechanics are a little different.
Ken Henderson, Director, Community Development, explained
that the $1,600,000 given to Dukes-Dukes and Associates would be
paid back to the Agency by Dukes-Dukes and Associates through a
construction loan or from a take-out loan proceeds.
Craig Graves answered questions regarding bond payments and
the amount due. He stated that a bond payment on the existing
Orangewood Estates is due in July, and another January.
Mayor Holcomb stated that all the assessment bonds are being
paid off at 11 percent, with money that will be earning the City
around 5 to 6 percent which is a substantial savings.
Council Member Miller made a motion, seconded by Council
Member Estrada and unanimously carried, that the Community
Development Commission appropriate approximately $1,600,000 in
twenty percent (20%) set-aside funds and approve the use of these
funds for Phase II of the Orangewood Estates project.
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ALLOCATION OF REVENUES FROM BOND REFINANCING PROGRAMS
AND PROPOSED EXPENDITURES FOR VARIOUS PROJECTS, RESERVES
EQUIPMENT AND PERSONNEL
In a memorandum dated October 20, 1989, Shauna Clark, City
Clerk, listed priorities set forth by the Mayor and Council at
the October 18, 1989 meeting for the expenditure of bond
refinancing revenues. (See Page 12) (2)
In a memorandum dated October 18, 1989, City Administrator
Julian stated that the 1989-90 budget was adopted with certain
reservations...revenues that were inadequate to fund many of the
departmental requests. In the memorandum City Administrator
Julian lists estimated amounts of available funds that can be
used for budgetary purposes from the bond refinancing. These
estimates were provided by bond counsel, and City Administrator
Julian has attempted to present the figures in a fashion which
relates to expenditure categories.
It was pointed out that the additional dollars from the
refinancing of bonds would be about 20-35 million dollars, but in
the report it states there is a total of $11 million.
Mayor Holcomb stated that the $11 million is money going to
the general fund from the sale of residual interest and housing
mortgage bonds, plus the money earned on refunding existing
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bonds. He further stated that presently the Agency has
approximately $20 million of unencumbered redevelopment funds
available. In addition to that approximately $20-25 million are
available from the bonding capacity for new tax increment bonds.
City Administrator Julian presented his memorandum and
explained that money in Category II is RDA bond money from the
State College Project area and it can be used for street
improvements, buying property and for any other use in the
project area. In the memorandum there is a breakdown of funds
available from the three categories.
Craig Graves, City Treasurer, answered questions regarding
refundings and he explained the amounts available for expenditure
within the various categories.
Mayor Holcomb stressed that new sources for ongoing revenue
need to be established.
REVENUE ENHANCEMENT PROPOSALS
In a report dated October 17, 1989, James Richardson,
Deputy City Administrator, Development Services, gave a summary
and description of the revenue enhancement proposals submitted by
various departments. (4)
Deputy City Administrator Richardson gave an overview of
the programs proposed and he outlined the amount of funds needed
to implement these proposed programs. He stated that funds for
the projects amounted to $5 million. He also stated that there
is about $920,000 worth in equipment and supporting material
which are identified as cost.
Mr. Richardson summarized the larger dollar amounts.
Public Works - Street Light Energy Charge
City-Wide Assessment District
The Public Works Department had proposed a city-wide
assessment district to retrieve the current cost for street light
energy. An annual fee of $25 to $30 per single family unit and
prorated for commercial will be charged.
Mr. Richardson answered questions regarding how the revenue
would be assessed, stating that the proposed fee for a city-wide
assessment district would be assessed through property taxes.
Mayor Holcomb stated that there is complete flexibility, any
way the Council decides it can be accomplished. The first thing
is to instruct the department of Public Works to submit an
estimate of how much it would cost to bring the entire City up to
minimum acceptable standards for street lighting.
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Public Buildings - Central City Mall
Mr. Richardson stated that currently there are expenses to
the City associated with the Central City Mall. He stated that
the contract is being looked at, in terms of the service levels
that are provided. One of the expense areas being looked at is
to enforce the services provided to the theatres located at the
mall.
Fire Department - Paramedic Service Charge
Mr. Richardson stated that the paramedic service charge
could be established similar to the city-wide assessment
district. Subsequently, there has been discussion to establish
this as a direct charge. He stated that a direct charge would be
charged for service as rendered.
The Council discussed contracting paramedic service.
Mayor Holcomb stated that the City is always looking for
ways to accomplish things better and for less cost. The City has
investigated ongoing ways to contract services out. He stated
the City has experienced in most major items, contracting has a
short term savings and in the long run there is a decrease in
service and increase in cost. One example is the refuse service.
It would cost the City more to contract out for this service and
the rates would have to be increased.
Manuel Moreno Jr., Director of Public Services, stated that
currently the City charges $9.50 for refuse pickup which includes
street sweeping.
It was pointed out that the service charge for the refuse is
not a problem its the liability.
Andrew Green, Director of Finance, answered questions
regarding the estimated amount from the general fund used for
liability.
City Attorney Penman answered questions regarding the
liability of the city for accidents that occur with refuse
trucks. He also stated that if private refuse were used, the
refuse company providing the service to the City would be
required to obtain insurance for their company, which would
eliminate the City from being responsible for liability.
Mayor Holcomb pointed out that the paramedic charges would
not be included in the property tax, it would come from a special
tax of $15 per residential unit.
A discussion ensued regarding alternate ways to resolve the
proposed fee charges for the use of the paramedic service.
It was pointed out that the Ways and Means Committee will be
reviewing the use of general contracting service.
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City Clerk's Office - Single Family Rental Units
Mr. Richardson stated that it is proposed to charge a
license fee of $60 for single family rental units on a two-year
renewal basis. He further stated that there are approximately
7,000 units. This proposed license fee would generate
approximately $420,000 in revenue.
Mayor Holcomb stated that this proposal would force absentee
landlords to maintain their property in better condition.
City Clerk Clark explained the single family rental
ordinance and the type of incentives that would be used to start
the program.
She also explained that presently, an owner with four or
more single family units has to apply for a business license.
This proposal would extend the business license requirement to
single family homeowners who rent their houses. Ms. Clark stated
that when obtaining a certificate of occupancy the owner would
only be required to upgrade their units to the building code the
year the building was built. They would not have to upgrade the
units to the present building code standards.
City Clerk's Office - Fast Food Rate Differential
Mr. Richardson stated that it is proposed to increase the
rate for a business license for all fast food operations.
Mayor Holcomb pointed out that the fast food operations are
a major cause of the litter in the City. This includes mini-mart
stores that sell take-out food.
A discussion ensued regarding the litter problems
encountered with the fast-food chains and mini-mart stores.
It was suggested that the catered lunch wagons be included
in the proposed rate increase with the fast food operations.
A discussion ensued regarding the litter left at the bus
stops.
Manuel Moreno Jr. answered questions regarding the number
of trash cans placed throughout the City, stating that there are
approximately 350 trash cans distributed in the City.
A discussion ensued regarding the advertisement benches that
are placed in areas where there is no bus route.
City Clerk's Office - Admissions Tax
Mr. Richardson explained the proposed admission tax and the
effect an admissions tax might have on revenues the city receives
from satellite wagering at the Orange Show.
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Building and Safety - Licensing of Mobile Home Parks
Jim Richardson answered questions regarding licensing mobile
home parks on gross receipts.
City Clerk Clark stated that mobile home parks are currently
licensed on gross receipts.
Mr. Richardson stated he is aware of that; the annual
inspections for mobile home parks are not adequately being
performed. This gross receipt tax for mobile homes will help
provide better annual inspection service for the mobile home
parks. He stated that the state law prohibits the rate to be
increased, so it is proposed to obtain funds through the gross
receipts.
Administrative Department - Development Services
Vacant lot/building Registration
Jim Richardson stated this is a proposal to establish an
annual fee of $50 to register each vacant lot and building. He
stated that one of the problems the City is encountering is the
deterioration of buildings. This proposal would help keep track
of the vacant lots and buildings and would also generate some
revenue.
RECESS MEETING - CLOSED SESSION
At 10:45 a.m., Council Member Minor made a motion, seconded
by Council Member Flores and unanimously carried, that the Mayor
and Common Council/Community Development Commission recess into
closed session pursuant to the following Government Code
Sections:
54956.9 (b)( 1)
pending litigation,
litigation;
to confer with the attorney regarding
as there is significant exposure to
54956.9(c) - to confer with the attorney regarding pending
litigation, so that Council/Commission may decide whether to
initiate litigation;
54956.9(a) - to confer with the attorney regarding pending
litigation which has been initiated formally to which the City is
a party as follows:
Citv of
Manaaement.
No. 238755;
San Bernardino vs. California Construction
Inc.. et al - San Bernardino Superior Court Case
Saldecke. et al vs. Citv of San Bernardino. et al - San
Bernardino Superior Court Case No. 236836;
Cable Lake
Bernardino
239649;
Association vs. Ci tv of San Bernardino - San
Superior Court Case No. 239714 and Case No.
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Citv of San Bernardino vs. San Bernardino Baseball Club.
Inc. - San Bernardino Superior Court Case No. 239193~
Stubblefield Construction Comoanv. et al vs. Ci tv of San
Bernardino. et al - San Bernardino Superior Court Case No.
232998~
Juan Manuel Sanchez vs. Ci tv of San Bernardino - United
States District Court Case No. CV87-2291 AWT (Bx)~
Charles H. Brown vs. Citv of San Bernardino San
Bernardino Superior Court Case No. 243087~
Sock Dawson. et al vs .
United States District
(RWRx) ~
City of San
Court Case
Bernardino. et
No. SA 88-461
al-
AHS
Barron/Alcarez vs. City of San Bernardino - San Bernardino
Superior Court Case No. 241692~
Barratt. Inc.. vs. Citv of San Bernardino - San Bernardino
Superior Court Case No. 242433~
Revnolds vs. Citv of San Bernardino
Superior Court Case No. 248752~
San Bernardino
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Dudlev Brewster. et al vs. Southern Pacific Railroad. et al
- San Bernardino Superior Court Case No. 249736~
Citv of San Bernardino vs. Patel - San Bernardino Superior
Court Case No. 250473~
Save San Bernardino vs. City of San Bernardino San
Bernardino Superior Court Case No. 250425~
Crain vs. City of San Bernardino - San Bernardino Superior
Court Case No. 229990~
Draao/Perrv vs. City of San Bernardino
Superior Court Case No. 244095~
San Bernardino
Haves vs. Delanev (Citv) - San Bernardino Superior Court
Case No. 240286~
Hudson vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 244466~
Kaolan vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 225490~
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Maadaleno vs. City of San Bernardino
Superior Court Case 248739~
San Bernardino
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Payne vs. City of San Bernardino - San Bernardino Superior
Court Case No. 240290;
Ticich vs. Citv of San Bernardino - San Bernardino Superior
Court Case No. 243924;
Valenzuela vs. Citv' of San Bernardino
Superior Court Case No. 242137;
San Bernardino
Taaaart vs. Citv of San Bernardino
Superior Court Case No. 230330.
San Bernardino
e. Pursuant to Government Code Section 54956.8 to give
instructions to the CitY's/Commission negotiator on the
purchase/sale/exchange/lease of property in the City.
CLOSED SESSION
At 11:00 a.m., Mayor Holcomb called the closed session to
order in the Redevelopment Agency Board Room, Fourth Floor, City
Hall, 300 North "0" Street, San Bernardino, California.
ROLL CALL
Roll call was taken by City Clerk Clark with the following
being present: Mayor Holcomb; Council Members Estrada, Reilly,
Flores, Maudsley, Minor, Pope-Ludlam, Miller; City Attorney
Penman, City Clerk Clark, City Administrator Julian.
Also present were: Senior Assistant City Attorney Barlow,
Planning Director Kilger.
ADJOURN CLOSED SESSION
At 12:35 a.m., the closed session was adjourned to the
Special Meeting of the Mayor and Common Council/Commission of the
City of San Bernardino.
RECONVENE MEETING
At 12:35 a.m., Mayor reconvened the Special Meeting of the
Mayor and Common Council/Commission of the City of San
Bernardino in the Redevelopment Agency Board Room, Fourth Floor,
City Hall, 300 North "0" Street, San Bernardino.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller; City Attorney Penman, City Clerk
Clark, City Administrator Julian, Senior Assistant City Attorney
Barlow. Absent: None.
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APPOINTMENT - LARRY REED - PLANNING & BUILDING SAFETY
DIRECTOR - CLOSED SESSION
Mayor Holcomb announced that in closed session, the Council
voted to appoint Mr. Larry Reed as the Planning and Building and
Safety Director.
APPOINTMENT - BOB TEMPLE - INTERIM DIRECTOR REDEVELOPMENT
AGENCY - CLOSED SESSION
Mayor Holcomb announced that in closed session the Council
voted 5 to 2 to appoint Mr. Bob Temple to serve as Interim
Executive Director of the Redevelopment Agency.
RECESS MEETING
At 12:35 a.m., Mayor Holcomb recessed the Special Meeting of
the Mayor and Common Council/Commission of the City of San
Bernardino to a luncheon meeting at the New City Cafe.
RECONVENE MEETING
At 12:45 a.m., Mayor Holcomb reconvened the Special Meeting
of the Mayor and Common Council/Commission in the New City Cafe,
Vanir Tower, City Hall Plaza, 290 North "D" Street, San
Bernardino, California.
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ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Reilly, Maudsley, Minor, Pope-Ludlam,
Miller; City Attorney Penman, City Clerk Clark, City
Administrator Julian. Absent: Council Members Estrada, Flores.
Also present: Lorraine Velarde, Executive Assistant to the
Mayor; Craig Graves, City Treasurer.
RECESS MEETING
At 1:45 p.m., Mayor Holcomb recessed the
the Mayor and Common Council/Commission of
Bernardino until 2:00 p.m., in the Management
(MIC), Sixth Floor, City Hall 300 North
Bernardino, California.
Special Meeting of
the City of San
Information Center
"D" Street, San
RECONVENE MEETING
At 2:15 p.m., Mayor Holcomb reconvened the Special Meeting
of the Mayor and Common Council/Commission in the Management
Information Center (MIC), Sixth Floor, City Hall, 300 North "D"
Street, San Bernardino, California.
ROLL CALL
Roll call was taken with the following being present: Mayor
Holcomb; Council Members Estrada, Reilly, Flores, Minor, Miller;
City Attorney Penman, City Clerk Clark, City Administrator
Julian. Absent: Council Members Maudsley, Pope-Ludlam.
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VACANT POSITIONS - POLICE DEPARTMENT
Mayor Holcomb stated that within the next six to eight
weeks a revenue enhancement program will be adopted and vacant
police officer positions can be filled.
Mayor Holcomb recommended lifting the freeze on the five
positions in the Police Department and authorizing the department
to fill them.
Council Member Minor made a motion, seconded by Council
Member Flores and unanimously carried, to fill the vacancies of
sworn officer positions in ,the Police Department.
MAYOR HOLCOMB AND COUNCIL MEMBER ESTRADA EXCUSED
At 2:20 p.m., Mayor Holcomb and Council Member Estrada left
the Council meeting.
COSPONSORSHIP OF MAGIC MAIN STREET FESTIVAL
CITY HALL PLAZA - OCTOBER 27-28, 1989
In a memorandum dated October 5, 1989, Jim Richardson,
Deputy City Administrator, Development Services, stated that the
City has been asked to cosponsor the Magic Main Street Festival
and provide the following services on an in-kind basis: ten trash
containers to be delivered by 9:00 a.m., site clean-up and
removal of trash container at 3: 00 p.m.; three police officers
for security purposes during the festival. The first of the two
events scheduled include a masquerade ball at the Convention
Center of the Maruko Hotel on Friday evening, October 27th. The
second event is scheduled for Saturday, October 28, which is a
family festival which will provide entertainment, food and
beverage vendors free of charge. (7)
A discussion ensued
opposed to the use of
Festival.
regarding the use of police officers as
security for the Magic Main Street
City Attorney Penman answered questions regarding co-
sponsorship events.
Council Member Minor made a motion, seconded by Council
Member Flores, to remove the word "police officers" from the
staff report and replace it with security or reserves.
The motion failed by the
Members Reilly, Flores, Minor.
Absent: Council Members Estrada,
following vote: Ayes:
Noes: Council Member
Maudsley, Pope-Ludlam.
Council
Miller.
Council Member Reilly made a motion, seconded by Council
Member Miller and unanimously carried, that the Magic Main Street
Festival, to be held October 27 and 28, 1989, at the City Hall
Plaza, be cosponsored by the City of San Bernardino, that city
departments be authorized to provide in-kind services, and that
all fees be waived; and that the City provide security services.
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
SUBSECTION 5.04. 525F REQUIRING A BUSINESS LICENSE FOR
LEASING OR RENTING RESIDENTIAL PROPERTY AND REPEALING
SECTION 5.04.355 REGARDING ASTROLOGY, PALMISTRY AND
PHRENOLOGY. (5)
ORDINANCE OF THE CITY OF SAN BERNARDINO MUNICIPAL CODE
RELATING TO THE WAIVER OF FEES FOR CHARITABLE
ORGANIZATIONS. (6)
Said ordinances were continued to Monday, November 6, 1989,
at 8:30 a.m., in the Council Chambers of City Hall, 300 North "0:
Street, San Bernardino, California.
ALLOCATION OF REVENUES FROM BOND REFINANCING PROGRAMS
AND PROPOSED EXPENDITURES FOR VARIOUS PROJECTS, RESERVES
EQUIPMENT AND PERSONNEL - DISCUSSED EARLIER IN MEETING
A report dated October 17, 1989 prepared by Jim Richardson,
Deputy City Administrator, Development Services, outlined the
various revenue enhancement programs proposed for various
departments to generate additional incoming revenue. (4)
(See page 3)
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City Attorney Penman referred to the memorandum dated
October 18, 1989, by City Administrator Julian, where under
Category III it shows $412,055 in the general fund. This is a
one time situation that these funds will be available. The most
recent audit shows the litigation reserve fund is under $10
million. He encouraged the Council to consider putting half of
the $412,055 into the liability reserve.
Craig Graves, City Treasurer, stated that there are
limitations on the use of the $20 million from potential bonds to
be issued in Category II.
Ci ty Attorney Penman answered questions
transferring certain funds.
regarding
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, to allocate the $1,000,000
from Category I for the Project Area(s) Blight Reduction Program.
Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, to allocate $1,000,000
from Category II for the Upgrade and Beautification Program for
RDA and adjacent areas.
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Council Member Minor made a motion, seconded by Council
Member Reilly and unanimously carried, to continue the remainder
of the allocation of revenues from bond refinancing and the
revenue enhancement proposals to Monday, November 6, 1989, in
the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
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COUNCIL MEMBER ESTRADA RETURNED
At 2:55 p.m., Council Member Estrada arrived at the Special
Meeting.
ADJOURNMENT
At 3:00 p.m., Council Member Minor made a motion, seconded
by Council Member Flores and unanimously carried, that the
meeting be adjourned.
SHAUNA CLARK
City Clerk
By JrmdM) lrkdinaJ
Deputy City Clerk
No. of Items: 11
No. of Hours: 5
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